CITATION: Cooper v. Conres II GP Number One Inc., 2013 ONSC 316
DIVISIONAL COURT FILE NO.: 542/12
DATE: 20130114
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
GLENN COOPER
Tenant
(Appellant)
– and –
CONRES II GP NUMBER ONE INC.
Landlord
(Respondent in Appeal)
In Person
Martin P. Zarnett, for the Landlord (Respondent in Appeal)
HEARD at Toronto: January 14, 2013
HARVISON YOUNG J. (orally)
[1] On December 20, 2012, Aston J. adjourned this matter on certain terms and conditions. Mr. Cooper was to serve and file his affidavit, amended factum and any other materials by January 3, 2013 and he is to pay one month’s rent of $945 within the next ten days after December 20. He provided that in default of compliance with either of those terms and conditions, the stay of the Registrar is to be lifted with respect to eviction and the Sheriff was to enforce the Order of the Board dated October 16, 2012, without further notice to the tenant.
[2] I am advised today that the two conditions were not met, although Mr. Cooper did file materials with this Court as of January 9, 2013 and accordingly, the Registrar has ordered that the eviction was stayed has been lifted. I am also advised that the tenants are no longer living in the unit which Mr. Cooper has confirmed before me today as well.
[3] Mr. Cooper’s issues arise to a large extent out of the initial application before the Landlord and Tenant Board heard on August 28, 2012. On that occasion the landlord’s application for eviction was dismissed but the Board did determine the terms of the lease. On October 16, the landlord’s application was permitted and the tenant indicated that he wished to appeal and filed an appeal, the notice of appeal and the landlord hence brought this motion to quash.
[4] As I have indicated, the tenant’s issues arise from the terms that were determined in August 2012. While it appears very doubtful that there is any merit to this appeal, it is a very high standard and I am not satisfied at this stage that the appeal was so clearly devoid of merit that it should be quashed without hearing on the merits. Having said that, it is not appropriate for the appellant to continue to live or possess the unit rent-free and that issue in particular has been addressed at this point by the lifting of the stay.
[5] Accordingly, the appeal must be perfected by March 31, 2013, failing which the landlord may move without notice before the Registrar and upon affidavit evidence of non-compliance with this Order, the Registrar shall dismiss the appeal and lift the stay and the Order of the Tribunal shall be enforced.
COSTS
[6] Costs ordered against Mr. Cooper in the amount of $2,500, payable within 30 days.
HARVISON YOUNG J.
Date of Reasons for Judgment: January 14, 2013
Date of Release: January 16, 2013
CITATION: Cooper v. Conres II GP Number One Inc., 2013 ONSC 316
DIVISIONAL COURT FILE NO.: 542/12
DATE: 20130114
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HARVISON YOUNG J.
BETWEEN:
GLENN COOPER
Tenant
(Appellant)
– and –
CONRES II GP NUMBER ONE INC.
Landlord
(Respondent in Appeal)
ORAL EASONS FOR JUDGMENT
HARVISON YOUNG J.
Date of Reasons for Judgment: January 14, 2013
Date of Release: January 16, 2013